17 form that duty, it is the duty of the court to remove him from office. § 211. The State reporter shall not have any pecuniary interest in the reports; but a contract for the publication thereof, under his supervision, must. from time to time, be made, in behalf of the people, by the State reporter. Secretary of State, and Comptroller, with the person or persons who agree to furnish to the Secretary of State, so many copies of each volume, as may be needed to enable him to comply with the next section but one; and also to publish and sell the reports, on terms the most advantageous to the public, regard being had to the proper execution of the work, and at a price not exceeding three dollars for a volume of not less than five hundred pages. Each contract, so entered into, must provide for the publication of the reports, for three years from the expiration of the time, specified for that purpose in the last contract. If the State reporter. Secretary of State, and Comptroller unite in determining, that a contract has not been faithfully kept by the person or persons agreeing so to publish the reports, they may, by an instrument in writing under their hands, filed in the office of the Secretary of State, annul the same from a time specified in the instrument; and thereupon they may enter into a new contract, for the publication of the reports, for three years from the time so specified. Before entering into a contract, the State reporter. Secretary of State, and Comptroller must advertise for, receive, and consider proposals for the publication of the reports. 212. 14m d 1877.] Neither the State reporter nor any other person shall obtain a copyright for the opinions contained in the reports; and the same may be published by any person. But the copyright of the statements of facts, of the head-notes, and of all other notes or references, prepared by the State reporter, must be taken by, and shall be vested in the Secretary of State, for the benefit of the people of the State. § 213. [Am'd 1894.] Of the copies of each volume of the reports, furnished to the secretary of state, he must deliver one to the clerk of each county, for the use of the county, deposit one in the office of the attorney-general. deliver one to the clerk of the court of appeals, for the use of that court, and one copy for each judge thereof, deliver one to each justice of the supreme court, and deposit three copies in the state library. § 214. A State reporter must, on the appointment of his successor, deliver to him all papers in his hands, pertaining to a cause which he has not reported, or which are not necessary to be retained by him, to complete the publication of a volume which is then partly printed. $215. A State reporter, after the expiration of his term of office, shall not deliver a paper specified in the last section, or a copy thereof, to any person other than his successor in office, or the publisher of a partly printed volume; except that a copy of such a paper may be furnished by him, during a vacancy in the office, to a judge of the court, or to the attorney for a party to the cause to which it relates. $216. The State reporter must deposit with the clerk of the court, all opinions delivered to him, which are not to be re ported, immediately after the publication of the reports of the other cases, decided at the same time. They must be properly filed and preserved, by the clerk, TITLE II. The supreme court, including the circuit courts. ARTICLE 1. Jurisdiction and powers; designations of terms; distribution of business among the terms and judges; attendants upon the sittings; miscellaneous provisions. 2. The supreme court reporter. 3. Stenographers. ARTICLE FIRST. JURISDICTION AND POWERS; DESIGNATION OF TERMS; DIS- VISIONS. 2217. General jurisdiction of su preme court, 218. Supreme court may change 220. Presiding and associate 226. Appointment to be pub- 227. Appointment may be made or filed after the prescribed time. 228. When associate justice to preside, etc. 230. General term, heid by two justices. Re-argument, etc. 231. Wen cause to be heard in $217. The general jurisdiction in law and equity, which the supreme court of the State possesses, under the provisions of the Constitution, includes all the jurisdiction, which was possessed and exercised by the supreme court of the colony of York, at any time, and by the court of chancery in England, on the fourth day of July, seventeen hundred and seventy-six, with the exceptions, additions, and limitations, created and imposed by the Constitution and laws of the State. Subject to those exceptions and limitations, the supreme court of the State has all the powers and authority of each of those courts, and exercises the same in like manner. § 218. The supreme court, upon the application of either party, may, and. in a proper case, must make an order, directing that an issue of fact, joined in an action or special proceeding, pending in any other court of record, except a superior city court, the inarine court of the city of New York, or a county court, be tried at a circuit court in another county, 1103 Consol. Act. 29 Abb. N.C. 19.; 0 id., 34 6 6 7 کو جو 35 on such terms and under such regulations as it deems just; and thereupon the issue must be tried accordingly. After the trial, the clerk of the county, in which it has taken place, must certify the minutes thereof; which must be filed with the clerk of the court, in which the action or special proceeding is pending. The subsequent proceedings in the last mentioned court must be the same, as if the issue had been tried therein. $219. The departments into which the State is divided, for the purposes of organizing and holding general terms of the supreme court, are styled, in this act, judicial departments. There is a general term of the supreme court in each judicial department, composed of a presiding justice and two associate justices, designated from the whole bench of justices of the supreme court, as prescribed in the next two sections. The justices so designated are styled in this act, general term justices. $220. A presiding justice shall act as such, during his official term as a justice of the supreme court, and an associate justice for five years from the thirty-first day of December, next after his designation; or until the earlier close of his official term. But the Govenor may, at any time, upor the written request of a general term justice, revoke his designation. § 221. Within three months before a vacancy is to occur by lapse of time, or as soon after its occurrence as practicable, the Govenor must designate, from the whole bench of justices of the supreme court, another presiding or associate justice, as the case requires. The person so designated shall act as presiding or associate justice, for the period specified in the fast section. When a vacancy occurs, for any cause except lapse of time, the Govenor must designate a presiding or associate justice, as the case requires. An associate justice, thus designated, shall act for his predecessor's unexpired time, or until the earlier close of his official term. § 222. Where the Governor revokes the designation of a general term justice, as prescribed in the last section but one he may prescribe the duties to be performed by that justice, in holding court in any part of the State, from the time of such revocation until the taking effect of the next appointment of terms, as prescribed in section two hundred and thirty-two of this act, for the judicial department to which that justice belongs. § 223. A designation of a general term justice, or a revocation thereof, must be in writing, and filed in the office of the Secretary of State. The request of the justice whose designation is revoked, must be filed with the revocation. § 224. A presiding justice, designated for a judicial department, may preside at a general term, held in another department, if the presiding justice of that department is absent, or disqualified from acting; and an associate justice may act as such, at a general term held in another department, in place of an associate justice of that department, who is in like manner absent or disqualified. $ 225. [Am'd 1877.1 On or before the first day of De cember, in the year eighteen hundred and seventy-eight, and each second year thereafter, the general term justices in each judicial department, or a majority of them, must appoint the times and places for holding the general terms of the supreme court, within their judicial department, for two years from the first day of January, of the year then next following. They must so designate at least one general term in each year, to be held in each of the judicial districts composing the department. § 226. An appointment so made must be signed by the 5 justices making it, and filed on or before the fifteenth day of December of the same year, in the office of Secretary of State; who must immediately thereafter publish a copy thereof in the newspaper printed at Albany, in which legal notices are required to be published, at least once in each week, for four successive weeks. The expense of the publication is payable out of the treasury of the State. § 227. If an appointment of general terms is not made or filed, before the expiration of the time specified therefor in the last two sections, it may be made or filed at the earliest convenient time thereafter; and the terms appointed thereby may be held pursuant to the same, after it has been published for the length of time, prescribed in the last section. § 228. [Am'd 1881, 1893.] If a presiding justice is not present, at the time and place appointed for holding a general term, the associate justice present, having served the longest time as such, or, if two are present who have served the same length of time, the elder of them must act as presiding justice until a presiding justice attends. If only one general term justice is pr sent, he may select one or two justices of the supreme court to hold with him the general term, until two general term justices attend. If only two general term justices are present, they may select a justice of the supreme court to hold general term with them. § 229. [Repealed 1877.] § 230. A general term may be held by two justices; and the concurrence of two justices is necessary to pronounce a decision. If two do not concur, a re-argument must be ordered. § 231. Where an order for a re-argument has been made, as prescribed in the last section, and one of the general term justices of that judicial department is not qualified to sit in the cause, the order directing the re-argument may, in he discretion of the general term, direct it to take place, and the cause to be decided, in another judicial department, spe ified in the order. And where two of the general term justies, in a department, are not qualified to sit in a cause, to be heard at the general term of that department, an order nay be made, upon notice, by the other general term justice, or at a special term of the court held in that department, directing that the cause be heard and decided in another judicial department, specified in the order. But this section does not prevent the cause from being heard and decided, in the same judicial department, by two qualified justices, if an order, directing the same to be heard and decided in another department, has not been made. 36 § 232. [Am'd 1886, 1893.] On or before the first day ? 1111 Conof December, in the year eighteen hundred and seventy- sol. Act. seven, and every second year thereafter, the justices of the supreme court, for each ju licial department, or a majority of them, must appoint the times and places for holding the 8 36 36 sol. Act. 139 N.Y. 140. special terms of the supreme court, and terms of the circuit courts and courts of over and terminer within their department, for two years from the first day of January of the year next following; if for any reason, such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. At least, one special term of the supreme court, and two terms of the circuit court and of the court of oyer and terminer, must be appointed to be held in each year, in each county separately organized. Fulton and Hamilton counties shall be deemed one county for the purposes of this section. Two or more terms of the circuit court may be appointed to le held, and may be held at the same time in the ci y and county of New York. A term of the circuit court, and count of oyer and terminer, in any connty, may be held in two or more parts whenever, in the opinion of the justice assigne.l to hold the term, the business to be done shall require it. § 233. An appointment so made must be signed by the justices making it, and immediately filed in the office of the Secretary of State, who must publish a copy thereof in the newspaper, printed at Albany, in which legal notices are required to be published, at least once in each week, for three successive weeks, before the holding of a term in pursuance thereof. The expense of the publication is payable out of the treasury of the State. § 234. The Governor may, when, in his opinion, the public interest so requires, appoint one or more extraordinary general or special terms of the supreme court, or terms of a circuit court, or court of oyer and terminer. He must designate the time and place of holding the same, and name the justice who shall hold, or preside at each term, except a general term; and he must give notice of the appointment, in such manner as, in his judgment, the public interest requires. § 235. Any justice of the supreme court has power to sit at a general term, or to hold a special term of the supreme court, or a term of the circuit court, or to preside at a term of the court of oyer and terminer, for the whole or any portion of the term; and to act upon any business, which regu larly comes before the term in which he is sitting; except where he is personally disqualified from sitting, in a particular action or special proceeding. Each justice must, at all reasonable times, when not engaged in holding court, transact such judicial business as may be done out of court. § 236. [Am'd 1880.] The Governor may, when, in his 1110 Con- opinion, the public interest so requires, designate one or more judges of the superior court of the city of New York, or of the court of common pleas of the city and county of New York, to hold terms of the circuit court, and special terns of the supreme court in that city. The designation must be in writing, and must specify each term, and the judge designated to hold the same. A case or exceptions, in a cause tried at such term, must be settled before the judge who held the same; and a judge thus designated may, after the expiration of the period of such designation, decide, finally determine, and dispose of any action, proceeding or motion, that may have been tried or heard before him; and such judge, during the period of such designation, posseses, within the city New York, all the powers of a justice of the supreme court in or out of court, to make orders in any action or specia proceeding in the supreme court. |